Power to issue orders; measures in the event of organisational deficiencies

(1) The Federal Institute may, in an individual case, issue orders to a central counterparty that are suitable and necessary to ensure compliance with the requirements of Regulation (EU) No 648/2012. In particular, to ensure a proper business organisation, the organisational requirements, and the requirements under Articles 26, 28, 29, 31(1), second sentence, and Articles 33 to 35 of Regulation (EU) No 648/2012, it may order that a central counterparty 1. take measures to reduce risks, insofar as these risks arise from particular types of transactions and products or from the use of particular systems or the outsourcing of activities and processes to another undertaking, or 2. may not conduct, or may conduct only to a limited extent, individual types of business or services.
(2) In place of, or together with, the measures named in subsection (1), second sentence, the Federal Institute may order that the central counterparty must comply with own funds requirements that exceed the requirements under Article 16(2) of Regulation (EU) No 648/2012, also in conjunction with regulatory technical standards under paragraph 3 thereof.